New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Counsel error - failure to call witness
  • 19 Dec 2016

    KENNETH ANGUS MACKAY V R [2016] NZCA 625

    Citation
    [2016] NZCA 625
    Court
    Court of Appeal

    Extension of time granted because potential dementia evidence warranted consideration; conviction appeal dismissed because trial counsel's decision not to call H was reasonable given risks and there was no miscarriage of justice; sentence appeal dismissed because the sentence was within appropriate bands given victim vulnerability and age disparity and dementia evidence did not establish mitigation or causation.

    • Rape
    • Sexual violation
    • Unlawful sexual connection
    • Indecent assault
    • Counsel error - failure to call witness
    • Extension of time to appeal